Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 115 Second Substitute (2022GS)

Sponsor

Sen. Wilson, C.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• clarifies preemption of the field of firearms regulation;
• creates the Firearms Preemption Enforcement Act;
• outlines exceptions and violations of legislative firearm preemption;
• provides for civil action and remedies for a violation of legislative firearm preemption;
• addresses governmental immunity; and
• makes technical changes.

Every vote on this bill

Bill text

FIREARM PREEMPTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Chris H. Wilson
House Sponsor: 
A. Cory Maloy
LONG TITLE
General Description:
This bill addresses the Legislature's preemption of the field of firearm regulation for the
state.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ clarifies preemption of the field of firearms regulation;
▸ creates the Firearms Preemption Enforcement Act;
▸ outlines exceptions and violations of legislative firearm preemption;
▸ provides for civil action and remedies for a violation of legislative firearm
preemption;
▸ addresses governmental immunity; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5a-102
, as last amended by Laws of Utah 2013, Chapter 278
63G-7-301
, as last amended by Laws of Utah 2020, Chapters 288, 338, and 365
76-10-500
, as enacted by Laws of Utah 1999, Chapter 5
ENACTS:
53-5a-103.5
, Utah Code Annotated 1953
78B-6-2301
, Utah Code Annotated 1953
78B-6-2302
, Utah Code Annotated 1953
78B-6-2303
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-5a-102
 is amended to read:
53-5a-102.
Uniform firearm laws.
(1) As used in this section:
(a) "Ammunition" means the same as that term is defined in Section 
53-5d-102
.
(b) "Dangerous weapon" means the same as that term is defined in Section 
76-10-501
.
(c) "Firearm" means:
(i) a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a
device that could be used as a dangerous weapon from which is expelled a projectile by action
of an explosive;
(ii) ammunition; and
(iii) a firearm accessory.
(d) "Firearm accessory" means the same as that term is defined in Section 
53-5b-103
.
(e) "Local or state governmental entity" means the same as that term is defined in
Section 
78B-6-2301
.
(f) "Short barreled shotgun" or "short barreled rifle" means the same as that term is
defined in Section 
76-10-501
.
(g) "Shotgun" means the same as that term is defined in Section 
76-10-501
.
[
(1)
] 
(2)
 The individual right to keep and bear arms being a constitutionally protected
right under Article I, Section 6 of the Utah Constitution 
and the Second Amendment to the
United States Constitution
, the Legislature finds the need to provide uniform civil and criminal
firearm laws throughout the state 
and declares that the Legislature occupies the whole field of
state regulation of firearms
.
[
(2)
] 
(3)
 Except as specifically provided by state law, a local [
authority
] or state
governmental
 entity may not:
(a) prohibit an individual from owning, possessing, purchasing, selling, transferring,
transporting, or keeping a firearm at the individual's place of residence, property, business, or
in any vehicle lawfully in the individual's possession or lawfully under the individual's control;
or
(b) require an individual to have a permit or license to purchase, own, possess,
transport, or keep a firearm.
[
(3)
] 
(4)
 In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is
uniformly applicable throughout this state and in all [
its
] 
the state's
 political subdivisions [
and
municipalities
].
[
(4) All authority
] 
(5) Authority
 to regulate firearms is reserved to the state except
where the Legislature specifically delegates responsibility to local [
authorities
] or state
governmental
 entities.
[
(5)
] 
(6)
 Unless specifically authorized by the Legislature by statute, a local [
authority
or state entity
] 
or state governmental entity
 may not enact, establish, or enforce any ordinance,
regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the
possession
, ownership, purchase, sale, transfer, transport,
 or use of firearms on either public or
private property.
[
(6) As used in this section:
]
[
(a) "firearm" has the same meaning as defined in Section 
76-10-501
; and
]
[
(b) "local authority or state entity" includes public school districts, public schools, and
state institutions of higher education.
]
[
(7) Nothing in this section restricts or expands
]
(7) This section does not restrict or expand
 private property rights.
(8) A violation of this section is subject to Title 78B, Chapter 6, Part 23, Firearm
Preemption Enforcement Act.
Section 2. Section 
53-5a-103.5
 is enacted to read:
 53-5a-103.5.
Firearm regulation in homeless shelters.
(1) As used in this section:
(a) (i) "Homeless shelter" means a permanent or temporary facility operated or owned
by a local or state governmental entity that provides temporary shelter to homeless individuals
and has the capacity to provide temporary shelter to at least 10 individuals per night.
(ii) "Homeless shelter" does not include a permanent or temporary facility operated by
a local or state governmental entity that provides temporary shelter to individuals displaced due
to a disaster or under a state of emergency.
(b) "Local or state governmental entity" means the same as that term is defined in
Section 
78B-6-2301
.
(2) (a) Except as provided in Subsection (2)(b) and subject to Subsection (3), a local or
state governmental entity may prohibit the possession of a firearm within a homeless shelter
over which the local or state government entity exercises authority.
(b) A local or state governmental entity may not prohibit the possession of a firearm on
the grounds outside of a homeless shelter.
(3) If a local or state governmental entity prohibits the possession of a firearm under
Subsection (2), the local or state governmental entity shall:
(a) display readily visible signage at all public entrances of the homeless shelter
indicating that firearms are not permitted inside the homeless shelter;
(b) (i) provide a means of detecting a firearm at all public entrances to the homeless
shelter; and
(ii) ensure an individual is physically present at a public entrance to the homeless
shelter when the public entrance to the homeless shelter is in use;
(c) provide secure storage for a firearm while an individual is inside the homeless
shelter; and
(d) prohibit the collection of information about a firearm that is stored at the homeless
shelter, including taking a photograph of the firearm or recording the serial number of the
firearm.
(4) A stored firearm in a homeless shelter that is abandoned for more than seven days
by the owner of the firearm may be relinquished by the homeless shelter to a law enforcement
agency for disposal.
Section 3. Section 
63G-7-301
 is amended to read:
63G-7-301.
Waivers of immunity.
(1) (a) Immunity from suit of each governmental entity is waived as to any contractual
obligation.
(b) Actions arising out of contractual rights or obligations are not subject to the
requirements of Section 
63G-7-401
, 
63G-7-402
, 
63G-7-403
, or 
63G-7-601
.
(c) The Division of Water Resources is not liable for failure to deliver water from a
reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
Act, if the failure to deliver the contractual amount of water is due to drought, other natural
condition, or safety condition that causes a deficiency in the amount of available water.
(2) Immunity from suit of each governmental entity is waived:
(a) as to any action brought to recover, obtain possession of, or quiet title to real or
personal property;
(b) as to any action brought to foreclose mortgages or other liens on real or personal
property, to determine any adverse claim on real or personal property, or to obtain an
adjudication about any mortgage or other lien that the governmental entity may have or claim
on real or personal property;
(c) as to any action based on the negligent destruction, damage, or loss of goods,
merchandise, or other property while it is in the possession of any governmental entity or
employee, if the property was seized for the purpose of forfeiture under any provision of state
law;
(d) subject to Subsection 
63G-7-302
(1), as to any action brought under the authority of
Utah Constitution, Article I, Section 22, for the recovery of compensation from the
governmental entity when the governmental entity has taken or damaged private property for
public uses without just compensation;
(e) subject to Subsection 
63G-7-302
(2), as to any action brought to recover attorney
fees under Sections 
63G-2-405
 and 
63G-2-802
;
(f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
Act;
(g) as to any action brought to obtain relief from a land use regulation that imposes a
substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
Land Use Act;
(h) except as provided in Subsection 
63G-7-201
(3), as to any injury caused by:
(i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
(ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
or other public improvement;
(i) subject to Subsections 
63G-7-101
(4) and 
63G-7-201
(4), as to any injury
proximately caused by a negligent act or omission of an employee committed within the scope
of employment; [
and
]
(j) notwithstanding Subsection 
63G-7-101
(4), as to a claim for an injury resulting from
a sexual battery, as provided in Section 
76-9-702.1
, committed:
(i) against a student of a public elementary or secondary school, including a charter
school; and
(ii) by an employee of a public elementary or secondary school or charter school who:
(A) at the time of the sexual battery, held a position of special trust, as defined in
Section 
76-5-404.1
, with respect to the student;
(B) is criminally charged in connection with the sexual battery; and
(C) the public elementary or secondary school or charter school knew or in the exercise
of reasonable care should have known, at the time of the employee's hiring, to be a sex
offender, as defined in Section 
77-41-102
, required to register under Title 77, Chapter 41, Sex
and Kidnap Offender Registry, whose status as a sex offender would have been revealed in a
background check under Section 
53G-11-402
[
.
]
; and
(k) as to any action brought under Section 
78B-6-2303
.
(3) (a) As used in this Subsection (3):
(i) "Code of conduct" means a code of conduct that:
(A) is not less stringent than a model code of conduct, created by the State Board of
Education, establishing a professional standard of care for preventing the conduct described in
Subsection (3)(a)(i)(D);
(B) is adopted by the applicable local education governing body;
(C) regulates behavior of a school employee toward a student; and
(D) includes a prohibition against any sexual conduct between an employee and a
student and against the employee and student sharing any sexually explicit or lewd
communication, image, or photograph.
(ii) "Local education agency" means:
(A) a school district;
(B) a charter school; or
(C) the Utah Schools for the Deaf and the Blind.
(iii) "Local education governing board" means:
(A) for a school district, the local school board;
(B) for a charter school, the charter school governing board; or
(C) for the Utah Schools for the Deaf and the Blind, the state board.
(iv) "Public school" means a public elementary or secondary school.
(v) "Sexual abuse" means the offense described in Subsection 
76-5-404.1
(2).
(vi) "Sexual battery" means the offense described in Section 
76-9-702.1
, considering
the term "child" in that section to include an individual under age 18.
(b) Notwithstanding Subsection 
63G-7-101
(4), immunity from suit is waived as to a
claim against a local education agency for an injury resulting from a sexual battery or sexual
abuse committed against a student of a public school by a paid employee of the public school
who is criminally charged in connection with the sexual battery or sexual abuse, unless:
(i) at the time of the sexual battery or sexual abuse, the public school was subject to a
code of conduct; and
(ii) before the sexual battery or sexual abuse occurred, the public school had:
(A) provided training on the code of conduct to the employee; and
(B) required the employee to sign a statement acknowledging that the employee has
read and understands the code of conduct.
(4) (a) As used in this Subsection (4):
(i) "Higher education institution" means an institution included within the state system
of higher education under Section 
53B-1-102
.
(ii) "Policy governing behavior" means a policy adopted by a higher education
institution or the Utah Board of Higher Education that:
(A) establishes a professional standard of care for preventing the conduct described in
Subsections (4)(a)(ii)(C) and (D);
(B) regulates behavior of a special trust employee toward a subordinate student;
(C) includes a prohibition against any sexual conduct between a special trust employee
and a subordinate student; and
(D) includes a prohibition against a special trust employee and subordinate student
sharing any sexually explicit or lewd communication, image, or photograph.
(iii) "Sexual battery" means the offense described in Section 
76-9-702.1
.
(iv) "Special trust employee" means an employee of a higher education institution who
is in a position of special trust, as defined in Section 
76-5-404.1
, with a higher education
student.
(v) "Subordinate student" means a student:
(A) of a higher education institution; and
(B) whose educational opportunities could be adversely impacted by a special trust
employee.
(b) Notwithstanding Subsection 
63G-7-101
(4), immunity from suit is waived as to a
claim for an injury resulting from a sexual battery committed against a subordinate student by a
special trust employee, unless:
(i) the institution proves that the special trust employee's behavior that otherwise would
constitute a sexual battery was:
(A) with a subordinate student who was at least 18 years old at the time of the
behavior; and
(B) with the student's consent; or
(ii) (A) at the time of the sexual battery, the higher education institution was subject to
a policy governing behavior; and
(B) before the sexual battery occurred, the higher education institution had taken steps
to implement and enforce the policy governing behavior.
Section 4. Section 
76-10-500
 is amended to read:
76-10-500.
Uniform law.
(1) As used in this section:
(a) "Directive" means the same as that term is defined in Section 
78B-6-2301
.
(b) "Firearm" means the same as that term is defined in Section 
53-5a-102
.
(c) "Local or state governmental entity" means the same as that term is defined in
Section 
78B-6-2301
.
[
(1)
] 
(2)
 The individual right to keep and bear arms being a constitutionally protected
right 
under Article I, Section 6, of the Utah Constitution and the Second Amendment to the
United States Constitution
, the Legislature finds the need to provide uniform 
civil and criminal
laws throughout the state 
and declares that the Legislature occupies the whole field of state
regulation of firearms
.
(3)
 Except as specifically provided by state law, [
a citizen of the United States or a
lawfully admitted alien shall not be
] 
a local or state governmental entity may not
:
(a) [
prohibited
] 
prohibit an individual
 from owning, possessing, purchasing, selling,
transferring, transporting, or keeping any firearm at [
his
] 
the individual's
 place of residence,
property, business, or in any vehicle lawfully in [
his
] 
the individual's
 possession or lawfully
under [
his
] 
the individual's
 control; or
(b) [
required
] 
require an individual
 to have a permit or license to purchase, own,
possess, transport, or keep a firearm.
[
(2)
] 
(4)
 This part is uniformly applicable throughout this state and in all [
its
] 
the state's
political subdivisions [
and municipalities. All authority
]
.
(5) Authority
 to regulate firearms [
shall be
] 
is
 reserved to the state except where the
Legislature specifically delegates responsibility to local [
authorities
] or state 
governmental
entities.
(6)
 Unless specifically authorized by the Legislature by statute, a local [
authority
] or
state 
governmental
 entity may not enact or enforce [
any ordinance, regulation, or rule
] 
a
directive
 pertaining to firearms 
that in any way inhibits or restricts the possession, ownership,
purchase, sale, transfer, transport, or use of firearms on either public or private property
.
(7) This part does not restrict or expand private property rights.
(8) A violation of this section is subject to Title 78B, Chapter 6, Part 23, Firearm
Preemption Enforcement Act.
Section 5. Section 
78B-6-2301
 is enacted to read:
Part 23. Firearm Preemption Enforcement Act.
 78B-6-2301.
Definitions.
As used in this part:
(1) "Directive" means an ordinance, regulation, measure, rule, enactment, order, or
policy issued, enacted, or required by a local or state governmental entity.
(2) "Firearm" means the same as that term is defined in Section 
53-5a-102
.
(3) "Legislative firearm preemption" means the preemption provided for in Sections
53-5a-102
 and 
76-10-500
.
(4) "Local or state governmental entity" means:
(a) a department, commission, board, council, agency, institution, officer, corporation,
fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other
administrative unit of the state, including the Utah Board of Higher Education, each institution
of higher education, and the boards of trustees of each higher education institution; or
(b) a county, city, town, metro township, local district, local education agency, public
school, school district, charter school, special service district under Title 17D, Chapter 1,
Special Service District Act, an entity created by interlocal cooperation agreement under Title
11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in
statute as a political subdivision of the state.
Section 6. Section 
78B-6-2302
 is enacted to read:
 78B-6-2302.
Violation of legislative preemption -- Exceptions.
(1) A local or state governmental entity may not enact or enforce a directive that
violates legislative firearm preemption.
(2) This part does not prohibit the enactment or enforcement of a directive:
(a) by a law enforcement agency if the directive pertains to a firearm issued to or used
by a peace officer in the course of the peace officer's official duties;
(b) by a correctional facility or mental health facility under Section 
76-8-311.3
;
(c) of judicial administration if the directive establishes a secure courthouse;
(d) by the State Tax Commission if the directive establishes a secure area within a
State Tax Commission facility; or
(e) by a local or state governmental entity if the directive is developed in response to
and in accordance with legislative authority.
Section 7. Section 
78B-6-2303
 is enacted to read:
 78B-6-2303.
Civil action -- Injunction -- Damages -- Immunity.
(1) A person who is harmed by a local or state governmental entity that makes or
causes to be enforced a directive in violation of legislative firearm preemption may submit a
written communication to the local or state governmental entity that harmed the person asking
the local or state governmental entity that harmed the person to rescind or repeal the directive.
(2) (a) If a local or state governmental entity fails to rescind or repeal a directive within
days after the day on which the local or state governmental entity receives a request
described in Subsection (1), the person who submitted the request may file suit against the
local or state governmental entity that failed to rescind or repeal the directive.
(b) The suit described in Subsection (2)(a) may be filed in any court of this state having
jurisdiction over the local or state governmental entity that failed to rescind or repeal the
directive in accordance with Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(3) If the court determines that the local or state governmental entity that failed to
rescind or repeal the directive violated legislative firearm preemption, the court shall:
(a) order that the relevant directive is void;
(b) prohibit the local or state governmental entity that failed to rescind or repeal the
void directive from enforcing the void directive; and
(c) award to the prevailing party:
(i) actual damages, which includes the cost of time in bringing the civil action or
defending against the action;
(ii) reasonable attorney fees and costs in accordance with the laws of this state; and
(iii) interest on the sums awarded under this Subsection (3) accrued at the legal rate
from the date on which the suit is filed.